Acceptable Messaging Policy

Clientown Acceptable Messaging Policy

Welcome to Clientown!

Introduction

Clientown LLC, (“Clientown,” “we,” “us,” or “our”) provides a platform and tools to enable our Subscribers (“Subscribers,” “Users,” or “You”) to efficiently organize, manage, and interact with their contacts via our Services.

This Acceptable Messaging Policy governs your access to and use of the Services, which includes without limitation any messaging or communications made through the Services.

ANY INFORMATION PROVIDED IN THIS POLICY IS NOT INTENDED AND SHALL NEVER BE CONSTRUED AS LEGAL ADVICE. EACH USER AND SUBSCRIBER OF THE PLATFORM SHALL BE RESPONSIBLE FOR ENSURING ITS OWN INDIVIDUAL (AND COLLECTIVE, WHERE APPLICABLE) COMPLIANCE WITH REGARD TO OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY VIOLATION OF LAW MAY RESULT IN PENALTIES, AND YOU SHALL BE SOLELY LIABLE FOR SUCH PENALTIES, IN ADDITION TO ANY OTHER OBLIGATIONS YOU MAY OWE CLIENTOWN.

We reserve the right to amend, alter, or modify your conduct requirements as set forth in this ACCEPTABLE MESSAGING POLICY at any time. In order to use our platform, You must review and comply with this with ACCEPTABLE MESSAGING POLICY. This ACCEPTABLE MESSAGING POLICY may be updated from time to time, effective upon posting a revised copy to the Clientown website at clientown.com. Subscribers’ use of the Services after changes to the ACCEPTABLE MESSAGING POLICY are posted shall constitute acceptance of any changed or additional terms.

Capitalized terms used in this ACCEPTABLE MESSAGING POLICY but not defined in this ACCEPTABLE MESSAGING POLICY have the meanings set forth in our Terms of Service available at Terms. Users are responsible for their using the Services and You, Your Company, and Your Authorized Users are liable for any use of our Services in violation of any federal and state laws, provincial and territorial laws, regulations, governmental orders, industry standards or guidance (collectively, “Applicable Laws”)  (including without limitation CTIA Policies and any fees, fines or penalties imposed by Carriers), as well as this Acceptable Messaging Policy. We do not provide legal advice and do not assert or guarantee that our platform is compliant with any or all laws that may apply to your intended use.  Please familiarize yourself with any laws or regulations that may govern your use or intended use of our Services, and/or seek legal counsel if you have any questions.‍

Currently, our platform utilizes a third-party provider (“TPP”) for calling and text messaging and Clientown numbers are provided by the TPP and subject to their policies. By using our Services, you agree to Twilio’s Messaging Policy and Twilio’s Acceptable Use Policy. Please refer to Twilio’s policies, guidelines, and articles which outline acceptable use of Twilio’s service which can be found here: Twilio’s US SMS Guidelines, Twilio’s Privacy Notice and help articles: U.S. Carrier Penalties for Non-Compliant Messaging, Forbidden message categories for SMS and MMS in the US and Canada. Additional requirements for specific Services, including any country specific requirements, are set forth at Twilio’s Service and Country Specific Requirements.

‍1. Prohibited Content

You agree that you will not use the Services to transmit or store any content or communications that contain prohibited content, including, but not limited to:

• Inappropriate content that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public
• SPAM (i.e., unwanted messages such as but not limited to unsolicited bulk commercial messages)
• Fraudulent or misleading messages
• Depictions or endorsements of violence
• Profanity or hate speech
• Messages related to cannabis or CBD (content must be legal across all 50 U.S. states and the District of Columbia)
• Other content not allowed by U.S. Carriers (e.g. T-Mobile, Verizon, and AT&T) and Canadian Carriers, such as: high-risk financial services (payday loans, short term-high interest loans, third party mortgage loan, student loans, third party auto loans, cryptocurrency), third-party lead generation services, debt collection or forgiveness, “get rich quick” schemes, illegal substances, prescription medications, gambling, and certain categories without proper age-gating procedures (i.e. firearms, alcohol, tobacco (vaping is prohibited))

2. Telephone Communication Activities (United States)

Users must comply with all Applicable Laws including, but not limited to:

• The FTC Act’s “Truth in Advertising” Rules and Section 5 of the FTC Act 15 U.S.C. § 45
• The Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227
• The FCC Telemarketing Regulations implementing the TCPA, 47 C.F.R. § 64.1200, and FCC declaratory rulings and orders
• Telemarketing Consumer Fraud and Abuse Prevention Act (the Telemarketing Act), 15 U.S.C. §§ 6101 et seq.
• The FTC’s Telemarketing Sales Rule (TSR) implementing the Telemarketing Act, 16 C.F.R. §§ 310.1 et seq.
• The National Do-Not-Call Registry established by the Federal Communications Commission, 47 C.F.R. § 64.1200, and the Federal Trade Commission, 16 C.F.R. § 310.4, which can be accessed at https://www.donotcall.gov
• State Do-Not-Call Registries
• State telemarketing and do-not-call laws and regulations that impose additional requirements as well as more restrictive requirements than the federal laws and regulations referenced above
• State laws related to the recording of phone calls and ensure all proper consent to record is obtained prior to making any such recording
• Applicable carrier guidelines (e.g. T-Mobile Code of Conduct) or wireless industry guidelines and standards including, without limitation, the CTIA’s Messaging Principles and Best Practices, the CTIA’s Short Code Monitoring Handbook, and the Mobile Marketing Association’s Consumer Best Practices (collectively, CTIA Policies)

• The following references to certain regulatory penalties are provided for your awareness and not in any way as legal advice:

• Content Violation: After prior warning, $10,000 fee per violation for content violating carrier policies including spam, phishing, SHAFT violations (Sex, Hate, Alcohol, Firearms, Tobacco), and messaging that meets the Severity 0 violation as defined in the CTIA Short Code Monitoring Handbook.
• Messaging Program Evasion: $1,000 fee for programs using filter evasion techniques, such as snowshoeing (spreading similar or identical messages across many phone numbers with the intent or effect of evading unwanted messaging detection and prevention mechanisms) and recycling numbers (releasing/purchasing new numbers), to dilute number reputation.

U.S. Carriers have more stringent policies for sending communications through their networks and services. Note that the consent requirements defined by the CTIA and Twilio’s Messaging Policy are in addition to the minimum requirements defined by the TCPA. In other words, consent requirements for sending SMS messages through U.S. Carrier networks exceed what may be legally required under TCPA. For more information on consent requirements, see Twilio’s Messaging Policy and Twilio’s Article on SMS Compliance and A2P 10DLC in the US.‍‍

3. Email Communication Activities (United States)

‍Users of the Services must comply with the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (CAN-SPAM), which means that each commercial e-mail sent using the Services must contain:

• header information that is not false or misleading;
• a valid physical postal address of the sender;
• a clear and conspicuous identification that the message is an advertisement or solicitation;
• a clear and conspicuous explanation of how the recipient can opt-out of future communications from the sender;
• an opt-out mechanism that complies with applicable law, which must be honored within ten business days of receipt.

Users are responsible for complying with the content prohibitions as set forth in CAN-SPAM.  

4. Commercial Electronic Messages (Canada)

‍Users of the Services that send from or to Canadian computers and devices in Canada must comply with the Canadian Anti-Spam Law (“CASL”), and related regulations applicable to commercial electronic messages. A commercial email message (“CEM”) includes any email message, text/SMS message, or other electronic message that is sent to an electronic address and that has as even one of its purposes to encourage participation in a commercial activity. CASL requires consent to send a CEM and requires that all CEMs meet prescribed form, content, and disclosure requirements.

‍For detailed explanations, see Canada’s Anti-Spam Legislation on the Canadian Radio-television and Telecommunications Commission’s (CRTC) website. Guidance from the CTRC regarding consent can be found at: Interpreting the Electronic Commerce Protection Regulations; Canada’s Anti-Spam Legislation (CASL) Guidance on Implied Consent.

‍Users of the Services sending texts/SMS messages in Canada must comply with certain industry guidelines and mobile operator policies, such as the Canadian Wireless Telecommunications Association’s Canadian Common Short Code Application Guidelines (“CWTA Guidelines”).

5‍. Telecommunications (Canada)

‍Users of the Services must comply with all Applicable Laws including, but not limited to:

• The Canadian Radio-television and Telecommunications Commission’s (CRTC) Unsolicited Telecommunications Rules;
• The Unsolicited Telecommunications Rules (the Rules) in Telecom Decision 2007-48 and additions and modifications to the Rules in subsequent decisions;
• The National Do Not Call List Rules;
• The Personal Information Protection and Electronic Documents Act (PIPEDA) rules related to the recording of phone calls and ensure all proper consent to record is obtained prior to making any such recording; and
• Provincial or territorial laws that impose more restrictive requirements than the federal laws and regulations referenced above.

6. No Unsolicited Communications

‍Users are solely responsible for obtaining all necessary and appropriate rights, licenses and consents from those persons and entities with whom you message or otherwise communicate with via the Services, prior to commencing any such messaging or communication.

Users are prohibited from:

• engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam”;
• sending unwanted messages to individuals who have asked to stop receiving messages through any medium;
• sending unsolicited email or text messages to email addresses or phone numbers that you do not know;
• using the Services to send emails or text messages to contacts from purchased, rented, or borrowed lists;
• using the Services to make telephone calls to phone numbers you do not know or contacts from purchased, rented, or borrowed lists;
• sending email to lists that are likely to result in an excessive number of unsubscribe requests or SPAM complaints or notices, as determined by acceptable industry practices; or
• sending text messages to phone numbers that are likely to result in an excessive number of opt-out requests that exceeds the permissible opt-out rate per messaging campaign, as determined by acceptable industry practices or carrier guidelines.

7. Additional General Prohibitions

‍Users are strictly prohibited from transmitting or storing content or communications that:

• are patently offensive, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• could be harmful to minors;
• harasses or advocates harassment of another person;
• promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable to any person or entity;
• contains restricted or password only access pages, or hidden pages or images;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personally identifiable information for unlawful purposes;
• contains unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; and
• violates any applicable law, regulation, guideline or policy, including without limitation those relating to privacy or data security.

8. Network Security

‍The following activities are strictly prohibited:

• submitting content that contains viruses, Trojan horses, worms, or any other similar forms of malware;  
• using unauthorized scripting or automation tools;
• using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the Services or for any other unauthorized purpose without our prior written consent;
• using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service;
• decompiling, reverse engineering, or disassembling the software or attempting to do so; or
• taking any action that imposes an unreasonable or disproportionately large load on the Services or our hardware and software infrastructure or that of any of our Licensors or Suppliers.

In addition, you covenant and represent that you will not use the Services for any purpose in violation of the law or this Acceptable Messaging Policy.

9. Suspension; Fines and Penalties

‍We may suspend or terminate Users access to the Services for violations of this ACCEPTABLE MESSAGING POLICY in Our sole discretion.

Text messaging campaigns that are non-compliant with U.S. Carrier (e.g. T-Mobile, Verizon, and AT&T) requirements may be subject to Carrier penalties for the offending traffic. If these penalties are assessed, they will be passed through by Clientown to the User.

User UNDERSTANDS THIS OBLIGATION AND AGREES TO be liable to pay any fines or penalties levied by third parties (e.g. Carriers or Communication Providers, such as Twilio, Bandwidth, and others), and to fulfill any resulting obligation to indemnify Clientown from any liability created or due to such third parties, as a result of User’s noncompliance with the Terms as set forth herein.‍

10. Reporting Abuse

‍Violations of this ACCEPTABLE MESSAGING POLICY, including any prohibited content or communications, may be reported to [email protected]. User agrees to immediately report any violation of this ACCEPTABLE MESSAGING POLICY to Clientown and provide cooperation, as requested by Clientown, to investigate and/or remedy that violation.